You shall not at any time, attempt, directly or indirectly, or allow any third party to attempt to (i) copy, modify, or create derivative works of the Software, Subscription, or Documentation, in whole or in part (ii) rent, lease, lend, sell, license, sublicense, assign, distribute, publish, transfer, or otherwise make available the Software, Subscription, or Documentation (iii) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any software component of the Software, Subscription, or Documentation, in whole or in part (iv) remove any proprietary notices from the Software, Subscription, or Documentation or (v) use the Software, Subscription, or Documentation in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law.ĩ.4 Third Party Injunctive Action. You shall not use the Software or the Subscription for any purposes beyond the scope of the access granted in this Agreement. You may copy the Software solely for backup or archival purposes. End User will not disclose, transfer or otherwise make available the Software, or results of any tests of the Software, to any third party without the prior written consent of Morpheus. All right, title and interest in the Software remains at all times exclusively with Morpheus. The Software is licensed, not sold and contains copyrighted material, trade secrets and other proprietary material of Morpheus. The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. Morpheus retains all rights, implied or otherwise, which are not expressly granted to You hereunder, and retains all rights, title and interest in and to the Software. Thomas testified that she does not have a Kazaa account, but her testimony was complicated by the fact that she had replaced her computer's hard drive after the alleged downloading took place, and later than she originally said in a deposition before the trial.ģ.3 Copyright and other Restrictions. Along with attorney fees, Thomas may owe as much as half a million dollars. She was accused of sharing a total of 1,702 songs through her Kazaa account. Records Inc.) $9,250 for each of the 24 songs they had focused on in this case. On 5 October 2007, Thomas was ordered to pay the six record companies (Sony BMG, Arista Records LLC, Interscope Records, UMG Recordings Inc., Capitol Records Inc. Most recently, in Duluth, Minnesota, the recording industry sued Jammie Thomas-Rasset, a 30-year-old single mother. However, that suit was also settled in 2006 (see above). An effort to throw out this suit was denied in January 2004. Sharman Networks responded with a lawsuit against the RIAA, alleging that the terms of use of the network were violated and that unauthorized client software (such as Kazaa Lite, see below) was used in the investigation to track down the individual file sharers. In yet another set of related cases, in September 2003, the Recording Industry Association of America (RIAA) filed suit in civil court against several private individuals who had shared large numbers of files with Kazaa most of these suits were settled with monetary payments averaging $3,000.
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